Advocacy before anyone is charged
Prosecutors in fraud, tax, bribery, and securities matters often take a long time to decide whether to charge, and that period is where defense counsel can do some of the most useful work. A lawyer can learn what the government believes, correct mistaken assumptions with documents, and in some cases make a written or in-person presentation explaining why charges are not warranted or should be narrower. Receiving a target letter is a signal that this window is open, not that it has closed. The work depends on mastering the documents, which in these cases can run to many thousands of pages. Choosing what to share, and when, is a strategic decision rather than a courtesy.
Proffers, cooperation, and their trade-offs
Some clients consider meeting with prosecutors under a proffer agreement, which limits but does not eliminate how their statements can be used. Cooperation can change the course of a case, and it also carries obligations and risks that are hard to reverse once you start. False or misleading statements in a proffer can undo its protections and create serious new problems, so preparation is essential. Others decline and prepare a defense, and that is a legitimate choice. We go through the evidence with you before either path is taken, and the decision remains yours.
When the numbers become the case
If a case is charged, financial proof often drives both trial and sentencing. In federal cases the government's calculation of loss or gain heavily influences the sentencing range, and those figures are frequently open to challenge. Forensic accountants and other retained witnesses help test how the government traced funds, valued losses, and separated legitimate business from the alleged scheme. Restitution, forfeiture, and parallel civil or regulatory actions need to be coordinated with the criminal defense. In a first meeting we review where the matter stands and set out the near-term decisions so that none of them is made by default.
